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Branch of a state budgetary educational institution

higher education in the Moscow region

"University "Dubna" -

Dmitrov Institute of Continuing Education

Department of Secondary Vocational Education

GRADUATE QUALIFICATION RABOTA

Subject:Survivor's insurance pensions

Dmitrov, 2016

ANNOTATION

Insurance pensions in case of loss of a breadwinner. Dmitrov Institute of Continuing Education, State University "Dubna", 2016.

Theoretical and methodological foundations insurance pension in case of loss of a breadwinner. The establishment of the size of the insurance pension in the event of the loss of a breadwinner is analyzed. A brief organizational legal characteristics GU - Office of the Pension Fund No. 39 for the city of Moscow and the Moscow region. The activities of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region in the assignment and payment of insurance pensions in the event of the loss of a breadwinner are analyzed. Problematic aspects of the appointment and payment of pensions in the event of the loss of a breadwinner have been identified (using the example of family members of military personnel, police officers, judges and other categories of persons). The problematic aspects of establishing an increased pension in the event of the loss of a breadwinner are considered.

The final qualifying work contains: 62 pages of text (excluding appendices), 2 appendices, a list of used sources - 52 titles.

• Introduction
• Chapter 1. Legal basis for establishing insurance pensions in case of loss of a breadwinner
• 1.1 The concept of a survivor's insurance pension
• 1.2 Establishing the amount of insurance pension in case of loss of a breadwinner
• Chapter 2. Implementation of the assignment and payment of an insurance pension in the event of the loss of a breadwinner GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region
• 2.1 Brief organizational and legal characteristics of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region
• 2.2 Assessment of the activities of the GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region for the purpose and payment of insurance pensions in the event of the loss of a breadwinner
• 2.3 Problematic aspects of the appointment and payment of survivors’ pensions (using the example of family members of military personnel, police officers, judges and other categories of persons)
• Chapter 3. Problematic aspects of establishing an increased pension in case of loss of a breadwinner
• Conclusion
• List of sources used
• Applications

INTRODUCTION

The relevance of the topic of the research is beyond doubt, since the legal policy of any social state, such as at the constitutional level (Article 7) of the Constitution Russian Federation(adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated 21.07 .2014 No. 11-FKZ) // Russian newspaper. - 1993. - No. 237; Collection of legislation of the Russian Federation. - 2014. - No. 31. - Art. 4398. proclaimed by Russia, implies not only regulation, but also the practical implementation of the constitutional right to pension provision. From the position of a simple layman, we must admit that sooner or later each of us will encounter the designated constitutional right and, we hope, no problems will arise. The standard of living, as well as pension provision, directly depends on how effectively and timely it is provided.

Let's look at some indicators in this area. According to Federal service state statistics (hereinafter - Rosstat), the total number of pensioners who are registered with the Pension Fund of the Russian Federation (hereinafter - RF PF) and receive a pension, as of January 1, 2009 amounted to 38,598,000 people, in 2010 - 39,090,000 people, 2012 - 40,162,000, 2013 - 40,573,000 people, 2014 - 41,019,000 people, 2015 - 41,456,000 people, 2016 - 42,729,000 people, of whom received a survivor's pension as of January 1 2009 amounted to 1,716,000 people, 2010 - 1,523,000 people, 2012 - 1,401,000 people, 2013 - 1,362,000 people, 2014 - 1,344,000 people, 2015 - 1,331,000 people, 2016 - 1,395,000 people.

We believe that the above indicators not only confirm the relevance of the topic we have chosen for research, but also indicate that modern stage There are certain difficulties in the implementation of the right to pension provision in state-legal construction. We believe that this also indicates an insufficient level of pension provision in the context of the size of specific pensions. According to official data from Rosstat, the average pension amount as of January 1, 2010 was 6,177.4 rubles, in 2012 - 8,272.70 rubles, in 2013 - 9,153.60 rubles, 2014 - 10,029.7 rubles; 2015 - 10,888.7 rubles, in 2016 - 12,080.90 rubles Official statistics // Official website of the Federal State Statistics Service. URL: http://www.gks.ru (access date: 06/12/2016). . As we see, there is an annual increase in the size of pensions. However, in our opinion, this size of pensions is not at all sufficient, and problems in this area do not lose their relevance. This fact is not disputed either at the state level or by ordinary citizens.

The object of the study is insurance pensions in the event of the loss of a breadwinner. The subject of the study is the regulatory legal acts governing the procedure for assigning and paying pensions in the event of the loss of a breadwinner.

The purpose of this work is to study the procedure for assigning and paying an insurance pension in the event of the loss of a breadwinner, identifying problems in assigning and paying an insurance pension in the event of the loss of a breadwinner, and proposing solutions to identified problems in the assignment and payment of an insurance pension in the event of the loss of a breadwinner.

Job objectives:

1) explore the concept of a survivor's insurance pension;

2) analyze the establishment of the size of the insurance pension in the event of the loss of a breadwinner;

3) give a brief organizational and legal description of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region;

4) analyze the activities of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region in the appointment and payment of insurance pensions in the event of the loss of a breadwinner;

5) identify problematic aspects of the appointment and payment of survivors’ pensions (using the example of family members of military personnel, police officers, judges and other categories of persons);

6) consider the problematic aspects of establishing an increased pension in the event of the loss of a breadwinner.

When working on the research topic, we relied on the regulatory legal framework of the Russian Federation, regulating the procedure for assigning and paying an insurance pension for the loss of a breadwinner: the Constitution of the Russian Federation, Federal Law dated December 28, 2013 No. 400-FZ “On Insurance Pensions”, Decree of the Government of the Russian Federation dated June 25, 2013 .2012 No. 634 “On the types of electronic signatures, the use of which is permitted when applying for state and municipal services” (together with the “Rules for determining the types of electronic signatures, the use of which is permitted when applying for state and municipal services”) Decree of the Government of the Russian Federation of June 25 .2012 No. 634 “On the types of electronic signatures, the use of which is permitted when applying for state and municipal services” (together with the “Rules for determining the types of electronic signatures, the use of which is permitted when applying for state and municipal services”) (as amended by 10.28.2013 No. 968) // Collection of legislation of the Russian Federation. - 2012. - No. 27. - Art. 3744; 2013. - No. 45. - Art. 5807. etc.

The theoretical basis of the study was the works of such authors as Arutyunyan R.E., Baturina N.I., Bogmatsera E.V., Bolgova V.V., Borisov A.N., Goloden O., Grishchenko N.B., Divetaikina T. E.E., Ermakova D.N., Efremova A.V., Zherebtsova E.E., Zakharova M.L. and many others.

The structure is determined by the nature of the stated goal and objectives of the study. The work consists of an introduction, three chapters, a conclusion, and a list of sources used.

CHAPTER 1. LEGAL BASIS FOR ESTABLISHING INSURANCE PENSIONS IN THE CASE OF THE LOSS OF A BRIENDSHIP

1.1 The concept of survivor's insurance pension

insurance pension legal breadwinner

Insurance pension, provided for by the Federal Law “On Insurance Pensions” Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” (as amended on December 29, 2015 No. 385 - FZ) // Collection of Legislation of the Russian Federation. - 2013. - No. 52 (part I). - St. 6965; 2016. - No. 1 (part I). - St. 5. began to take shape in full according to the new rules among citizens who began working in 2015.

For citizens who have insurance experience until 2015, all formed pension rights are recorded, preserved and, guaranteed, will be fulfilled. When calculating the insurance pension according to the new rules, the concept of “annual pension coefficient” is introduced for the first time, which is used to evaluate each year labor activity citizen.

From 2021, with an annual increase in the level of contributory wages to 2.3 of the average Russian wage, the maximum value of the annual PC will reach 10 from 7.39 in 2015. The maximum annual coefficient is accrued to a citizen if his salary, from which insurance premiums are paid, is not lower than the maximum salary from which employers, by law, pay insurance contributions to the mandatory pension insurance system, and the citizen has refused to form pension savings.

The cost of the pension coefficient is determined annually by the Government of the Russian Federation in accordance with federal legislation Borisov A.N. Commentary on the Federal Law “On Insurance Pensions” (item-by-item). - M.: Business Dvor, 2015. - P. 124. .

According to estimates, today almost 40 million people out of 86 million working-age population in Russia do not pay any contributions and do not form pension rights. O. Goloden. The Tale of the Lost Population // Trud. - 2013. - April 5. - P. 2. .

Based on the above tasks and features of the current procedure for pension provision of Russian citizens, the basic parameters of the new pension formula were identified and established, as well as the rules for calculating the amount of the insurance pension. Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” // Collection of Russian Legislation Federation. - 2013. - No. 52 (part I). - St. 6965. . Let's name some of them.

Economic mechanisms aimed at ensuring that the insurance pension takes into account all the components that form the pension rights of the insured persons, namely the length of service and the amount of earnings (income) from which insurance contributions were made. This provision is fundamental, because it aims the employee, firstly, at removing wages (income) from the “shadow” and paying insurance premiums from its full amount. And, secondly, to increase the insurance period, i.e. the period during which insurance premiums are paid.

Legislatively established standards of the new pension formula: a) the presence of an insurance period upon retirement of at least 15 years. However, this norm will come into force in 2025. In 2016, the insurance period must still be 7 years, and then annually it will increase by one year; b) the presence of an individual pension coefficient (IPC) of at least 30; c) payment of insurance contributions to the Pension Fund on wages (income) not lower than the minimum amount established annually by the government. For 2016 it is 12,408 rubles. (2 minimum wages) per month Federal Law of December 14, 2015 No. 376-FZ “On Amendments to Article 1 of the Federal Law “On the Minimum Wage” // Collection of Legislation of the Russian Federation. - 2015. - No. 51 (part III). - St. 7247. .

Economic mechanisms that encourage employees to retire later and actively participate in the formation of their pension rights by optimizing insurance contributions.

New pension formula, as already noted, is based on point technologies. Their content and peculiarity is that when establishing the pension rights of insured persons, when calculating the amount of insurance pensions, not specific cost (monetary) or natural indicators are used, say, accumulated capital in rubles, length of service in years, etc., but calculated coefficients assessed in points (salary, length of service, etc.). Thus, the contribution of the insured person to the pension system is assessed by the value of the individual pension coefficient. Its value is calculated using a special methodology; it can be equal to 1, 10, etc. Therefore, the new pension formula itself involves a number of formulas by which the corresponding coefficients are calculated and established.

The new pension formula was established by Federal Law No. 400 of December 28, 2013 - Federal Law “On Insurance Pensions”. From January 1, 2015 onwards, the insurance pension is established and calculated according to this formula, regardless of the period when their rights were formed - before 2015 or after 2015. All already formed pension rights to an insurance pension (in whole or in part) before 2015, reflected (accounted for) in the personal account of the insured person, are preserved. Accordingly, they will be recalculated into points and taken into account when assigning an insurance pension. The formation of pension rights according to the new pension formula will be carried out for those insured persons who will begin their working activities in 2015 and in subsequent years, as well as who have already partially formed their pension rights on the old legislative basis and will continue to form them in accordance with the new rules until retirement Borisov A.N. Commentary on the Federal Law “On Insurance Pensions” (item-by-item). - M.: Business Dvor, 2015. - P. 125. .

1.2 Establishing the amount of insurance pension in case of loss of a breadwinner

Speaking about the size of the insurance pension, it is necessary to take into account that, as before the reform, it still consists of two parts:

- the insurance pension itself, calculated according to the new pension formula;

- fixed payment to the insurance pension (analogous to the fixed base amount of the insurance part of the labor pension). The amount of payment is established by law and is subject to annual adjustment on the grounds established by law.

Federal Law 12/28/2013 No. 400 - Federal Law “On Insurance Pensions” establishes the following pension formula as the base formula for establishing an insurance pension for old age, disability, loss of a breadwinner and calculating its amount:

SP = IPK x SPK,

where SP is an insurance pension for old age, disability, and loss of a breadwinner, respectively; IPC - individual pension coefficient; SPK - the cost of one pension coefficient per day from which the insurance pension of Kazanbekov D.R. is assigned. Consideration by courts of disputes related to pension provision: scientific and practical manual / resp. ed. HER. Uksusova. - M.: Norma, Infra-M, 2014. - P. 14. .

As follows from the above formula, the determining (basic) parameter on the basis of which the insurance pension is established and its size is calculated is the individual pension coefficient (if it is less than 30 at the time of retirement, then the insurance pension is not assigned). The fact is that in the reformed pension system, the scope of the rights of the insured person is determined by the amount of insurance contributions paid to the Pension Fund by the employer or by himself, for the insurance pension, the length of the insurance period, as well as the refusal for a certain period to receive an insurance pension after its appointment. To quantitatively account for the volume of generated pension rights of the insured person, an individual pension coefficient is used, which simultaneously establishes the contribution of the insured person to the pension system. Its size is determined by the amount of insurance contributions made for the insurance pension. This amount depends on the size of the salary (income) from which contributions are paid, and the length of the insurance period, i.e. the period during which contributions are paid. Thus, the formula implements one of the basic principles of pension insurance: the dependence of the size of the pension on the size of the salary (income) with which insurance contributions for the insurance pension were paid. The logic here is simple: more contributions - more pension. It should also be noted that the size of the IPC for each insured person, due to the unequal amount of salary (income) from which insurance contributions to the Pension Fund were paid, is different.

The individual pension coefficient is determined annually and is taken into account in the individual personal account of the insured person. Thus, the starting point for establishing and calculating an insurance pension is the calculation of the IPC for each year of work of the insured person. The principles and procedure for its determination are established by Federal Law.

When determining the value of the IPC, all periods during which his pension rights were formed are taken into account, regardless of the legislative framework on the basis of which they were established. There are two such periods: the period before 2015 and the period since 2015. Consequently, for insured persons who partially earned their pension rights before 2015 and will continue to form them from 2015 until retirement (using the new formula), the individual pension coefficient used to calculate the insurance pension will be the amount of the IPC for the period before 2015 and IPC for the period after 2015. This general IPC increases by the coefficient for increasing the individual pension coefficient in cases provided for by law Borisov A.N. Commentary on the Federal Law “On Insurance Pensions” (item-by-item). - M.: Business Dvor, 2015. - P. 125. . Thus, determining the value of the IPC for specific year produced according to the formula

IPK = (IPKs + IPKn) x KvSP,

where IPKs is the individual pension coefficient for the period until 2015; IPKn - individual pension coefficient for the period after 2015; VSP is the coefficient of increase in the size of the insurance pension on various grounds established by law.

This formula will be valid throughout the transition period (until 2025). By this time, there will be no need to determine the individual pension coefficient for the period before 2015, since all insured persons who partially formed their pension rights before 2015 will retire. The formula for calculating it, and therefore the pension, will be simplified by Borisov A.N. Commentary on the Federal Law “On Insurance Pensions” (item-by-item). - M.: Business Dvor, 2015. - P. 125. .

Considering that the legislative framework on the basis of which the pension rights of insured persons were formed in the period before 2015 and after 2015 are different, the rules by which the value of the IPC is established in each of these periods are also different.

In accordance with Art. 10 of the Federal Law of December 28, 2013 No. 400 - Federal Law “On Insurance Pensions in the Russian Federation”, the right to an insurance pension in the event of the loss of a breadwinner is granted to disabled members of the family of a deceased breadwinner who were dependent on him (with the exception of persons who have committed a criminal act that resulted in represents the death of the breadwinner and established in judicial procedure). One of the parents, spouse or other family members is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation.

The following are recognized as disabled family members of the deceased breadwinner:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in basic educational programs in organizations providing educational activities, including in foreign organizations located outside the territory of the Russian Federation, if the referral for training was made in accordance with international treaties of the Russian Federation, until they complete such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner over this age, if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not have reached 14 years of age and are entitled to a survivor's insurance pension, and are not working;

3) parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled;

4) grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared in accordance with the legislation of the Russian Federation to be fully capable or who have reached the age of 18 years.

Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to an insurance pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood.

Disabled members of the family of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner.

Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children on an equal basis with their own children. Minor children entitled to a survivor's insurance pension retain this right upon adoption.

The stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as their own children if they were raised and supported by a deceased stepfather or deceased stepmother.

The insurance pension in the event of the loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death. However, in the event that the deceased insured person has no insurance experience at all, or in the event that disabled family members of the deceased breadwinner commit a criminal act that entails the death of the breadwinner and is established in court, a social pension for the loss of a breadwinner is established in accordance with Federal Law dated 15.12. 2001 No. 166 - Federal Law “On State pension provision in the Russian Federation" Federal Law dated December 15, 2001 No. 166-FZ "On state pension provision in the Russian Federation" (as amended on November 28, 2015 No. 358-FZ, as amended on December 29, 2015) // Collection of Legislation of the Russian Federation . - 2001. - No. 51. - Art. 4831; 2015. - No. 48 (part I). - St. 6724. .

Thus, we can conclude that the provisions of the new law on insurance pensions are not much different from the provisions on the conditions for assigning a labor pension in the event of the loss of a breadwinner, Article 9 of the previously existing Federal Law “On labor pensions In Russian federation".

CHAPTER 2. ASSIGNMENT AND PAYMENT OF INSURANCE PENSION IN THE CASE OF THE LOSS OF A BRIENDSHIP GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region

2.1 Brief organizational and legal characteristics of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region

GU - Office of the Pension Fund No. 39 for the city of Moscow and the Moscow region is a legal entity that ensures the identification, registration and accounting of policyholders in in the prescribed manner in accordance with current legislation, targeted and rational use of funds allocated for the payment of labor pensions, state pensions and other payments within the competence of the legislation Pension Fund Russian Federation, timely assignment (recalculation) of labor pensions on the basis of personalized accounting, state pensions and other payments within the competence of the Pension Fund of the Russian Federation by law, as well as their timely payment and delivery. The activities of the Department are based on modern technologies collection, transmission, storage and processing of information.

The Pension Fund of the Russian Federation is one of the most significant social institutions countries. This is the largest federal system for providing public services in the region. social security in Russia.

GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region carries out a number of socially significant functions, including:

- accounting of insurance funds received under compulsory pension insurance;

- assignment and payment of pensions. Among them are insurance pensions (old age (as of 06/01/2016, 355 people applied, disability - 51 people, survivors - 24 people), state pension pensions - 21 people, pensions for military personnel and their families, social pensions , pensions of civil servants;

- assignment and implementation of social payments to certain categories of citizens: veterans, disabled people, disabled people due to military trauma, Heroes of the Soviet Union, Heroes of the Russian Federation, etc.;

- personalized accounting of participants in the compulsory pension insurance system;

- interaction with employers - payers of insurance pension contributions;

- issuance of certificates for receiving maternity (family) capital;

- funds management pension system, incl. savings part labor pension, which is carried out through the state management company (Vnesheconombank) and private management companies;

- implementation of the State Pension Co-financing Program.

The structure of the GU - Office of the Pension Fund No. 39 for the city of Moscow and the Moscow region is presented in the appendix.

In the GU - Office of the Pension Fund No. 39 for the city of Moscow and the Moscow region, the organizational structure is built on the principles of the value of human resources, compliance with labor legislation, stability of labor relations, understanding of the responsibility of personnel services for the functioning of the entire system of the Pension Fund of the Russian Federation, the need to attract people to work in the Pension Fund only the best personnel, use them effectively, promote their development and professional growth, as well as establish the necessary areas of personnel work with specific goals in accordance with market requirements, that is, a correct understanding of those psychological, social and production factors that influence the decision of employees to secure jobs.

GU - Office of the Pension Fund No. 39 for the city of Moscow and the Moscow region uses in its work:

- Instructions for office work in the central office of the Pension Fund of the Russian Federation, approved by order of the Board of the Pension Fund of the Russian Federation dated December 21, 2004 No. 239r;

- Instructions for office work of the Branch of the Pension Fund of Russia in the city of Moscow and the Moscow region Instructions for office work of the Branch of the Pension Fund of Russia in the city of Moscow and the Moscow region // SPS “Consultant Plus” (date of access: 06/12/2016). ;

Instructions for office work in a state institution - the Office of the Pension Fund of the Russian Federation for the city of Moscow and the Moscow region Instructions for office work in a state institution - the Office of the Pension Fund of the Russian Federation for the city of Moscow and the Moscow region // SPS "Consultant Plus" (date of access: 06/12/2016 ). ;

State standard of the Russian Federation: GOST R 6.30 - 2003, which applies to organizational and administrative documents related to the Unified System of Organizational and Administrative Documentation (USORD) GOST R 6.30-2003. Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents (adopted and put into effect by Resolution of the State Standard of the Russian Federation dated 03.03.2003 No. 65-st). - M.: IPK Standards Publishing House, 2003. .

- Basic rules for archives of organizations, published by the Federal Archive Service of Russia jointly with the All-Russian Scientific Research Institute of Document Management and Archiving (VNIIDAD) in 2003 Basic Rules for the work of archives of organizations (approved by the decision of the Board of Rosarkhiv dated 02/06/2002). .

- Federal Law “On Archival Affairs in the Russian Federation” dated October 22, 2004 No. 125 - Federal Law Federal Law dated October 22, 2004 No. 125-FZ “On Archival Affairs in the Russian Federation” (as amended on March 2, 2016 No. 43-FZ) // Collection of legislation of the Russian Federation. - 2004. - No. 43. - Art. 4169; 2016. - No. 10. - Art. 1317. .

The Head of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region heads the Office and manages its activities, in accordance with the Regulations, interacts with the management of the Branch of the Pension Fund of the Russian Federation, with the territorial funds of social and compulsory medical insurance, the Office of the Tax Service of the Russian Federation, the Office Federal Treasury of the Russian Federation, statistical department, economic and other departments, trade union bodies, executive, legislative, administrative authorities, law enforcement agencies, the media on the activities of the Pension Fund Administration.

Controls the activities of the commission for placing orders. Directly supervises the activities of the department for accounting for receipts and expenditures of funds, the economic department, the personnel group, the legal department, the automation department and the administrative and economic group, the office management department.

The structure, number and staffing of the customer service are determined by the staffing table of the State Administration - Pension Fund Office No. 39 for the city of Moscow and the Moscow region.

The client service is created by order of the head of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region, and has a seal for documents indicating its name.

The customer service in its work is guided by:

Constitution of the Russian Federation Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ) // Collection of legislation of the Russian Federation. - 2014. - No. 31. - Art. 4398. ;

Federal laws and other regulatory legal acts of the Russian Federation; Regulations on the Pension Fund of the Russian Federation; resolutions and orders of the Pension Fund Board; orders of the Executive Directorate of the Pension Fund of Russia, rules, instructions and regulations; orders and instructions of the Branch Manager and the Head of the Department; Regulations on the Management.

The activities of the customer service are based on modern technologies for collecting, transmitting, storing and processing information.

The client service is headed by the head of the client service (department), appointed by the head of the State Administration - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region.

Customer service tasks:

The main tasks of the customer service are:

- ensuring timely and complete consideration of written and oral appeals from citizens, insured persons, organizations and policyholders received by the state institution - the Pension Fund Administration, orders from higher bodies of the Pension Fund of the Russian Federation related to appeals from citizens on issues within the competence of the Pension Fund of the Russian Federation;

- implementation of measures to improve the forms and methods of working with requests based on the use of modern software and hardware and the introduction of new information technologies;

- creation in the Office of the Pension Fund of the Russian Federation of a system of unified centralized recording of written and oral appeals;

- formation of a system for prompt and regular informing of the Department and management of the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region about the number and nature of applications received.

To solve the tasks assigned to it, the customer service performs the following functions:

Accounting and registration of written and oral requests received by the client service from insured persons, policyholders, pensioners, organizations on all issues within the competence of the Pension Fund, including representatives of non-state pension funds and organizations that have concluded agreements with the Pension Fund on mutual certification of signatures. Formation of archival files on them in accordance with the nomenclature of files and their subsequent storage for a specified period;

Conducting daily reception on issues within the competence of the State Administration - Pension Fund Directorate No. 39 for the city of Moscow and the Moscow region, including issues of: pensions; establishment, payment and delivery of monthly cash payments (hereinafter - EDV), DEMO and other social non-insurance payments; pension insurance; personalized accounting of the pension rights of insured persons; investing pension savings; conversion of pension rights of insured persons; obtaining a state certificate for maternity (family) capital; payment for travel to and from places of organized recreation on the territory of the Russian Federation for non-working pensioners; receipt by the legal successor of the pension savings of the deceased insured, recorded in a special part of his individual personal account;

- providing advice to insured persons, policyholders, pensioners, organizations on issues within the competence of the Pension Fund, including non-state pension funds and organizations that have entered into agreements with the Pension Fund on mutual certification of signatures, on issues within the competence of the Pension Fund on certain legal issues;

- providing consultations to citizens on issues of establishing and paying EDV, including to persons who are registered with the Ministry of Defense and other law enforcement agencies, DEMO;

Acceptance of documents submitted for the purpose of pension provision, payment of unified daily income, issuance of a state certificate for maternal (family) capital, pension insurance, personalized accounting, acceptance of documents for the selection of an investment portfolio (management company), non-state pension fund or for the formation of the funded part of a labor pension through Pension Fund, as well as documents of legal successors of deceased insured persons;

- carrying out a legal assessment of the submitted documents and the correctness of their execution;

- registration of accepted documents;

- transfer of the accepted package of documents to the relevant structural units of the State Administration - Pension Fund Directorate No. 39 for the city of Moscow and the Moscow region;

Issue to pensioners and insured persons: pension certificates(duplicates); insurance certificates (duplicates); extracts from an individual personal account; pension books when transferring pension savings to NPFs; certificates about the amount of pensions, EDV, DEMO, period and amounts of payment of insurance contributions, accrued amounts of pensions, EDV, DEMO not received due to the death of a pensioner, etc.;

- making changes to pension certificates;

- registration of requests for sending pension files from other departments;

- generation of statements from the personal account of the insured person;

- informing insured persons about the results of consideration of their applications for the selection of an investment portfolio (management company), for the transfer of their savings funds from the Pension Fund to the Non-State Pension Fund and vice versa;

- timely and complete consideration of written and oral requests from citizens and requests from organizations of an explanatory nature within the framework of current legislation.

- organizing the reception of citizens, insured persons, representatives of organizations and policyholders by the management of the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region, heads of structural divisions;

- organizing control over the consideration of oral and written appeals of an explanatory nature within the established time frame;

Summarizing and analyzing the questions of citizens and organizations raised in letters and at personal receptions, identifying the causes of justified complaints from citizens, preparing proposals to the management of the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region on eliminating these causes, as well as compiling operational and periodic information for management about the number and nature of requests, entering information into the automated workplace program “Customer Service”;

- preparation and timely submission of reports to the Department in accordance with established forms and a database of appeals;

- implementation of organizational interaction with other structural divisions of the Department;

- compliance with established requirements for information protection;

- resolving other issues within the competence of the Client Service, in accordance with current legislation and instructive and methodological documents of the Pension Fund of the Russian Federation and the Branch;

The assignment to the Customer Service of functions not provided for by the Regulations and not related to work with citizens is not permitted.

For example, citizens often contact the client service of the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region regarding the appointment of an insurance pension in the event of the loss of a breadwinner in connection with the death of a spouse. However, not all such applications are subject to survivor's pensions, or they are established in an amount different from the amount of the pension received by the breadwinner.

In accordance with Federal Law dated December 28, 2013 No. 400 - Federal Law “On Insurance Pensions,” the right to establish a survivor’s pension is, in particular, available to a non-working spouse who is dependent on a deceased breadwinner or who has lost their source of livelihood.

The total amount of the pension received consists directly of the insurance pension and the fixed payment established for it (total pension = insurance pension + fixed payment). The fixed payment is determined in a fixed amount, but its amount is not the same for old-age pensions and survivors' pensions. Thus, as of July 1, 2015, the amount of the fixed old-age payment is 4,558.93 rubles. Federal Law dated December 29, 2015 No. 385-FZ “On the suspension of certain provisions of legislative acts of the Russian Federation, amendments to certain legislative acts of the Russian Federation and features of increasing insurance pension, fixed payment to the insurance pension and social pensions” // Collection of legislation of the Russian Federation. - 2016. - No. 1 (part I). - St. 5., and the amount of the fixed pension payment in case of loss of a breadwinner is 2,279 rubles. It is precisely because of the difference in the size of fixed payments that the establishment of a survivor's pension may not be beneficial for the recipient of an old-age pension, or the established amount of a survivor's pension is lower than the size of the pension received by the breadwinner at the date of death.

Here are two examples:

The deceased breadwinner on the date of death received an old-age insurance pension of 12,481.89 rubles (including 4,558.93 rubles - a fixed payment, 7,922.96 rubles - an insurance pension). The amount of his wife's old-age insurance pension was 10,745.29 rubles (including 4,558.93 rubles - a fixed payment, 6,186.36 rubles - an insurance pension). If the spouse applies for the establishment of an insurance pension in the event of the loss of a breadwinner, its amount will be 10,202.43 rubles, including: 2,279.47 rubles - a fixed payment (in the amount provided for insurance pensions in the event of the loss of a breadwinner), 7,922 .96 rub. - insurance pension (in the amount of the insurance pension of the deceased breadwinner). In the above case, it is obvious that the establishment of an insurance pension in the event of the loss of a breadwinner (10,202.43 rubles) is not beneficial for the wife, since its amount will be lower than the old-age insurance pension she receives (10,745.29 rubles) by 542.86 rubles.

The following example, the total amount of the old-age insurance pension of the deceased spouse was 11,631.97 rubles, including: 4,558.93 rubles - a fixed payment, 7,073.04 rubles. - insurance pension. The total amount of the spouse's old-age pension on the date of death of the breadwinner was 8,071.66 rubles, including: 4,558.93 rubles - a fixed payment, 3,512.73 rubles - an insurance pension. The amount of the insurance pension in case of loss of a breadwinner, if established, will be 9,352.51 rubles, including: 2,279.47 rubles - fixed payment, 7,073.04 rubles. - insurance pension. IN in this case transfer to a survivor's insurance pension is beneficial for the applicant, since its amount will be higher than the old-age insurance pension she receives by 1,280.85 rubles.

You can find out about the advisability of transferring from an old-age insurance pension to a survivor's insurance pension in each specific case by contacting the client service of the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region.

2.2 Assessment of the activities of the GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region for the purpose and payment of insurance pensions in the event of the loss of a breadwinner

An insurance pension in the event of the loss of a breadwinner is assigned to disabled family members of the deceased breadwinner who were dependent on him. An exception is for persons who have committed an intentional criminal act that resulted in the death of the breadwinner and was established in court.

The following have the right to receive an insurance pension in the event of the loss of a breadwinner:

Disabled members of the family of the deceased breadwinner who were dependent on him, regardless of the duration of the breadwinner's insurance period, as well as the cause and time of his death. Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood;

- children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18;

Children, brothers, sisters and grandchildren of a deceased breadwinner studying in basic educational programs in organizations engaged in educational activities, including in foreign organizations located outside the territory of the Russian Federation (assigned in accordance with an international treaty), until they complete such training , but not longer than until they reach the age of 23 years;

- children, brothers, sisters and grandchildren of the deceased breadwinner over this age, if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

- parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled;

- grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who are obliged to support them;

- disabled parents and spouses who were not dependent on the deceased breadwinner, regardless of the time elapsed after his death, if they lose their source of livelihood;

One of the parents, spouse, grandparents of the deceased breadwinner, as well as a brother, sister or child of the deceased breadwinner who has reached 18 years of age, if they are not working and are at the same time caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age and entitled to an insurance pension in the event of the loss of a breadwinner. In this case, the right to this type of insurance pension arises regardless of the fact of being dependent on the breadwinner.

Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children.

A stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and a stepson and stepdaughter - on an equal basis with their own children, subject to certain conditions.

To assign an insurance pension in the event of the loss of a breadwinner, you must contact the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region at any time after the right to it arises without any time restrictions. An application for an insurance pension with documents must be submitted to the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region at the place of registration (including temporary) or to the multifunctional center (MFC). If your residence at the address is not confirmed by registration, you must contact the Pension Fund at your place of actual residence. An application with documents can be submitted in person or through a legal representative (authorized representative) directly to the territorial body - GU - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region, by mail or through the MFC. When submitting an application by mail, the day of application for an insurance pension is considered to be the date indicated on the postmark at the place where the application was sent, through the MFC - the date of receipt of the application by the MFC. Russians who have left Russia for permanent residence and do not have a place of residence and place of stay in Russia confirmed by registration, submit an application directly to the Pension Fund of Russia (Moscow, Shabolovka St., 4). A citizen can submit an application in the form of an electronic document through the “Citizen’s Personal Account” on the official website of the Pension Fund.

To assign a pension in the event of the loss of a breadwinner in the State Institution - Office of the Pension Fund of the Russian Federation No. 39 for the city of Moscow and the Moscow region, you must provide:

- application for an insurance pension in the event of the loss of a breadwinner;

- passport (for citizens of the Russian Federation) or residence permit (for foreign citizens and stateless persons);

- certificate of compulsory pension insurance (SNILS);

- documents on the death of the breadwinner (death certificate);

- documents confirming family relations with a deceased breadwinner;

Documents confirming the duration of the insurance period; Documents confirming periods of work and other periods must contain the number and date of issue, last name, first name, patronymic of the citizen to whom the document is issued, the day, month and year of his birth, place of work, period of work, profession (position), grounds for their issuance ( orders, personal accounts, etc.). Documents issued by the employer upon dismissal from work may be accepted as confirmation of the insurance period even if they do not contain the basis for their issuance;

- other documents necessary to confirm additional circumstances.

If not all required documents are attached to the application, then explanations will be given as to which documents should be submitted additionally. If after this the missing documents are provided no later than three months later, the day of application for a pension will be considered the day the application was received. The documents, the obligation to submit which is assigned to the applicant, are listed in the Administrative Regulations for the provision by the Pension Fund of the Russian Federation of state services for the establishment of labor pensions and state pensions, approved by Order of the Ministry of Labor of Russia dated 01/19/2016 No. 14n Order of the Ministry of Labor of Russia dated 01/19/2016 No. 14n “On approval of the Administrative Regulations for the provision by the Pension Fund of the Russian Federation of state services for the establishment of insurance pensions, funded pension and pensions for state pension provision" (Registered with the Ministry of Justice of Russia on February 18, 2016 No. 41131) // Official Internet portal of legal information http://www.pravo.gov.ru, 02/20/2016. .

To assign an insurance pension in the event of the loss of a breadwinner, the following conditions must be met:

- the deceased breadwinner has an insurance period (at least one day);

- the death of the breadwinner is not associated with the commission by a disabled family member of an intentional criminal act that resulted in the death of the breadwinner and was established in court.

The application for a pension is considered by the State Pension Fund Office No. 39 for the city of Moscow and the Moscow region within 10 working days from the date of receipt of the application with all necessary documents or from the date of submission of the last missing document within three months from the date of giving the relevant explanations by a specialist of the territorial body. An insurance pension in the event of the loss of a breadwinner is assigned from the day of application for it, but not earlier than the day the right to it arises. It is assigned earlier than the day of application if the application for the specified pension followed within 12 months from the date of death of the breadwinner. In this case, its appointment occurs from the date of death of the breadwinner. If more than 12 months have passed - then for 12 months earlier in the day appeals. The survivor's insurance pension is assigned for the period during which the applicant is considered disabled, including indefinitely.

The survivor's insurance pension is paid monthly. The pensioner has the right to choose, at his own discretion, the organization that will deliver the pension, as well as the method of receiving it (at home, at the cash desk of the delivery organization or to his own bank account). In addition, a trusted person can receive a pension for a pensioner. Payment of a pension by power of attorney, the validity of which exceeds one year, is made during the entire validity period of the power of attorney, provided that the pensioner annually confirms the fact of registration at the place of receipt of the pension.

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Under insurance pensions Children under 18 years of age (up to 23 years of age in full-time education) are entitled to monthly compensation payments for the work or performance of official duties of the deceased breadwinner until he is assigned an appropriate pension. In its turn social pensions accrued in social security format. *

(* There is a complete analogy with this, paid both in the form social insurance, and in the form state social security. )

The conditions and procedure for providing these compensations are established in the articles of federal laws:

• “About insurance pensions” dated December 28, 2013 No. 400-FZ;
• “On state pension provision in the Russian Federation” dated December 15, 2001 No. 166-FZ;
• on pension provision for military personnel and members of their families dated February 12, 1993 No. 4468-1.

The following categories of citizens can count on pension provision:

• insurance pension- children of workers (who had official work experience);
• military pension- family members of military personnel;
• social pension- children of disabled citizens who did not have insurance (work) experience;
• state pension- children of citizens affected by radiation and man-made disasters.

Read more about the types and amounts of pensions in Russia (including pensions assigned to children) on the specialized portal pensionology.ru.

The child’s representative (parent, adoptive parent, guardian or trustee) has the right to apply for registration of this type of pension provision at any time after the relevant right arises, but until the child becomes able to work.

Survivor's insurance pension

In general, the law provides for the assignment of insurance pensions to citizens who paid insurance premiums for compulsory pension insurance, and dependent members of their families. In this case, the pension authorities take into account the following circumstances:

• When calculating pensions, the concept is used insurance period- the period of performance of certain work by the breadwinner, for which contributions were made to the Pension Fund (PF);
• length of service, the amount of contributions paid to the Pension Fund, temporary refusal to receive an insurance pension (optional) affect individual pension coefficient(an indicator reflecting the pension rights of accrual recipients);
• other concepts relating to pension provision for children and other dependents in the event of the loss of a breadwinner are reflected in Art. 3 of Federal Law No. 400-FZ;
• minor children who already received a pension (for example, a social disability pension), for whom the income of the breadwinner was the main means of subsistence, are given the right to switch to his insurance pension payments.

Upon conscription - state pension provision

Conclusion

The state, by regulations, guarantees financial security the least protected members of society after the loss of their breadwinner. You can count on an insurance pension children of workers, employees and military personnel who died while performing their duties, as a result of an unforeseen situation or after being injured at work.

Children's size pension payments will depend on the parent's insurance experience, the child's ability to work and age, the conditions of the death of the breadwinner and other indicators. If a child is not entitled to an insurance pension due to the death of his father or mother, he will receive a social pension.

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation.

2. The following are recognized as disabled family members of the deceased breadwinner:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in basic educational programs in organizations engaged in educational activities, including foreign organizations located outside the territory of the Russian Federation until they complete such training, but no longer than until they reach the age of 23 years, or children, brothers, sisters and grandchildren of a deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not who have reached 14 years of age and are entitled to an insurance pension in the event of the loss of a breadwinner in accordance with paragraph 1 of this part, and are not working;

3) parents and spouse of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled;

(see text in the previous edition)

4) grandparents of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation are obliged to support them.

(see text in the previous edition)

3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years.

5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to an insurance pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood.

6. Disabled members of the family of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner.

7. The insurance pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.

8. Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children on an equal basis with their own children. Minor children entitled to a survivor's insurance pension retain this right upon adoption.

9. The stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as their own children if they were raised and supported by a deceased stepfather or deceased stepmother.

10. The insurance pension in the event of the loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death, with the exception of cases provided for in part 11 of this article.

11. In the event of a complete lack of insurance experience at the deceased insured person or in the event of a criminal offense committed by disabled family members of the deceased breadwinner that resulted in the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with Federal Law dated 15 December 2001 N 166-FZ "On state pension provision in the Russian Federation".

Conditions for granting a pension in the event of the loss of a breadwinner to family members of citizens from among the astronauts. The State Pension Law establishes a narrower circle of family members of citizens from among the astronauts who are granted the right to a survivor's pension (Table 5.2). These conditions vary depending on certain circumstances surrounding the breadwinner. The following features of assigning a pension in the event of the loss of a breadwinner can be noted: 1) a pension can be assigned either if the breadwinner is killed or died, or only if the breadwinner is killed; 2) the pension can be assigned to family members either of cosmonauts only, or of cosmonauts and cosmonaut candidates.

Table 5.2. The circle of family members of citizens from among the cosmonauts entitled to a pension in the event of the loss of a breadwinner

The circle of persons entitled to a survivor's pension in the case under consideration is much smaller than the circle of disabled family members indicated in paragraph 1 of this chapter. It only includes the breadwinner's children, spouse and parents.

The conditions for providing a survivor's pension to children (before and after 18 years of age) are similar to those outlined earlier. The spouse of a deceased breadwinner has the right to a pension regardless of age and ability to work. The parents of the deceased breadwinner, who have reached the age of 60 and 55 years (men and women, respectively) or are disabled, have the right to a pension if they were dependent on the deceased breadwinner.

Conditions for granting a pension in the event of the loss of a breadwinner to family members of persons who have served in the military and other equivalent service

A survivor's pension for the families of persons who served in military service under a contract and other service specified in the Law on Pensions for Military Personnel is assigned if the breadwinner:

• or died (died) during service;
• or no later than three months from the date of dismissal from service;
• or later than this period, but due to injury, concussion, injury or illness received during the period of service.

For families of military pensioners and persons equivalent to them, a survivor's pension is assigned if the breadwinner died while receiving the pension or no later than five years after the termination of payment of his pension.

The Law on Pensions for Military Personnel establishes both general and preferential conditions for granting a pension in the event of the loss of a breadwinner. All disabled family members specified in paragraph 1 of this chapter have the right to a survivor's pension.

By general rule Disabled family members of deceased (deceased) military personnel (other employees) who were their dependents have the right to a survivor's pension.

Regardless of whether the breadwinner is dependent, the pension is assigned to: disabled children; disabled parents and spouse, if after the death of the breadwinner they have lost their source of livelihood; disabled parents and spouses of persons who died as a result of military injury; spouse (another relative from among those specified in the Military Retirement Law) regardless of age and ability to work, if he is caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14, and does not work.

The right to a survivor's pension on preferential terms is provided for the spouse and parents. The most important condition in this case is the cause of death of the breadwinner. The specified pension is provided to the spouse and parents on preferential terms if the breadwinner, who served in military or other service, died (died) as a result of a military injury.

Spouses of persons who served in military or other service and who died as a result of stated reason, have the right to a pension in the event of the loss of a breadwinner upon reaching the ages of 55 and 50 (men and women, respectively), and those involved in caring for the child of the deceased who has not reached the age of eight are entitled to the specified pension, regardless of age, ability to work, and , whether they work or not, including whether they are in military or other service or not.

Parents of persons who served in military and other service, who died (died) due to the same cause (except for cases where the death of these persons occurred as a result of their unlawful actions), have the right to a pension in the event of the loss of a breadwinner upon reaching the ages of 55 and 50 years (men and women, respectively) regardless of whether they were dependent on deceased (dead) military personnel. In this case, the pension is established for each of the parents.

Survivor's pension amount

Amount of labor pension in case of loss of a breadwinner

The size of the labor pension in the event of the loss of a breadwinner is determined using the appropriate formulas. The Law on Labor Pensions provides for seven different cases of assigning this pension and, accordingly, seven formulas are specified. These formulas differ depending on the following circumstances:

1. whether the pension is assigned on a general basis (for an adult disabled family member and a child of the breadwinner who has another parent) or taking into account other circumstances;
2. whether the child’s loss of a breadwinner is associated with the loss of both or only parents;
3. was the breadwinner established? insurance part old age labor pension or disability labor pension.

Table 5.3. Formulas for determining the size of a labor pension in the event of the loss of a breadwinner

The formulas by which the size of survivor's pensions are determined are based on the already known formula of the labor disability pension (Table 5.3).

Additionally, another value was introduced - KN - the number of disabled family members of the breadwinner. The size of the labor pension in the event of the loss of a breadwinner is determined based on the amount of the estimated pension capital. For children who have lost both parents, the total amount of the estimated pension capital is the sum of the values ​​of the pension capital of each parent. To determine the size of the survivor's pension for the children of a deceased single mother, the amount of the estimated pension capital is doubled.

The formula for calculating a survivor's pension for children who have lost both parents is more complex (Table 5.4).

Table 5.4. Formula for calculating survivor's pension for children who have lost both parents

When determining the number of disabled family members, taking into account which the size of the labor pension in the event of the loss of a breadwinner is determined, all disabled family members entitled to the specified pension are taken into account, including persons who are recipients of another pension.

The peculiarity of establishing a fixed basic size of a labor pension in the event of the loss of a breadwinner is that (unlike a labor pension for old age or disability) there is slight differentiation depending on the subjects covered. The Law on Labor Pensions provides for two possible values ​​for establishing a fixed base amount: 100% or 50% of the basic, total fixed base amount. From January 1, 2010 it was 2562 rubles. per month. In subsequent years, this amount was indexed. All fixed basic dimensions have been increased accordingly (Table 5.5).

Table 5.5. Fixed base size disability labor pension

The fixed basic size of the labor pension in the event of the loss of a breadwinner for persons living in the regions of the Far North and equivalent areas is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence. The procedure for applying the regional coefficient is specified in paragraph 4 of Chapter II.

The Law on Labor Pensions provides for some features related to the formation of the funded part of the labor pension for the breadwinner - the insured person.

If the breadwinner was one of the persons included in the system for forming the funded part of the labor pension, then the following rules are provided.

If the death of the breadwinner - the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the recalculation of the amount of this part of the specified pension (taking into account additional pension savings), the funds recorded in the special part of his individual personal account are paid in accordance with the established procedure of his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandparents and grandchildren, regardless of age and working capacity, in the following sequence:

• first of all - to children, including adopted children, spouses and parents (adoptive parents);
• secondly - to brothers, sisters, grandparents and grandchildren.

Payment of funds to the relatives of the deceased breadwinner of one line is carried out in equal shares. Relatives of the second priority have the right to receive funds accounted for in a special part of the individual personal account of the deceased breadwinner only in the absence of relatives of the first priority.

The total amount of payments does not include funds (part of the funds) of maternal (family) capital aimed at forming the funded part of the labor pension, and income from their investment.

The procedure for distributing pension savings may be different if the insured person submitted an application defining a different procedure. The law provides insured persons with this opportunity. Insured persons who are included in the system for forming the funded part of the labor pension have the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to determine specific persons from among those provided for by the Law on Labor Pensions or from among other persons to whom such a payment can be made, as well as establish in what shares the above funds should be distributed between them.

If the insured person does not have the specified relatives, these funds are taken into account as part of the reserve of the Pension Fund of the Russian Federation for compulsory pension insurance. In this case, a special part of the individual personal account of the insured person is closed.

Dimensions state pensions on the occasion of the loss of a breadwinner

Determining the size of state pensions in the event of the loss of a breadwinner is carried out according to different rules - depending on which category of citizens the breadwinner belongs to. This size is determined by:

• or as a percentage of social pension, the size of which is indicated in sub. 1 clause 1 art. 18 of the Law on State Pensions;
• or as a percentage of monetary allowance (wages). The procedure for determining the size of the pension may be determined by the cause of death of the breadwinner.

The amount of pension in the event of the loss of a breadwinner for family members of military personnel who served in conscription. The survivor's pension for family members of military personnel who served in conscription as soldiers, sailors, sergeants and foremen is established depending on the cause of death of the breadwinner in the amount of 150 to 200% of the social pension (Table 5.6).

Table 5.6. Amount of state pension in case of loss of a breadwinner for family members of conscripts

In this case, the same concepts of military injury and illness received during military service apply as when establishing disability (assigning a state disability pension).

The amounts of these pensions for citizens living in the Far North and equivalent areas are increased by the corresponding regional coefficient.

The application of the regional coefficient is carried out according to the rules that were indicated earlier.

Survivor's pension for family members of citizens affected by radiation or man-made disasters. The size of the survivor's pension for disabled family members of citizens affected by radiation as a result of the disaster at the Chernobyl nuclear power plant is also determined as a percentage of the social pension, the amount of which is specified in subparagraph. 1 clause 1 art. 18 of the Law on State Pensions. The differentiation of the size of pensions in the event of the loss of a breadwinner among family members of these citizens is small and depends on the circle of entities receiving the pension. The survivor's pension in the case under consideration is assigned in the amount presented in table. 5.7.

Table 5.7. Survivor's pension for family members of citizens affected by the Chernobyl disaster

The amounts of these pensions for citizens living in the regions of the Far North and equivalent areas are also increased by the corresponding regional coefficient according to the rules set out above.

Pensions in the event of the loss of a breadwinner for family members of citizens from among the astronauts. A different procedure for determining the size of a survivor's pension is established for family members of citizens who are cosmonauts. Pensions in the event of the loss of a breadwinner are established for each family member in the amount of 40% of the salary (earnings) of the breadwinner, which is determined in accordance with the Regulations on material support for cosmonauts in the Russian Federation, approved by the Government of the Russian Federation. The regional coefficient is applied to these pensions in the case of a pensioner receiving a survivor's pension living in the regions of the Far North and equivalent areas.

Unlike other state pensions in the event of the loss of a breadwinner, an increase is established for pensions that are assigned to disabled family members of citizens from among the cosmonauts. The size and grounds for the increase are determined in accordance with Art. 45 of the Law on Pensions for Military Personnel.

The amount of pension in case of loss of a breadwinner to family members of persons who served in military and other equivalent service

The survivor's pension for disabled family members of persons who served under contract in military service and other equivalent service is established as a percentage of the amount of monetary allowance. The size of the pension depends on the cause of death of the breadwinner or on the category of the subject receiving the pension (Table 5.8).

Table 5.8. Amount of pension in case of loss to family members of contract military personnel

As with other types of pensions provided under the Military Pension Law, survivor pensions have a minimum guaranteed level (minimum pension). In this regard, the pension assigned to family members of persons who served in military and other equivalent service cannot be lower than the amount presented in Table. 5.9.

Table 5.9. Minimum pensions on the occasion of the loss of a breadwinner to family members of contract military personnel

As stated earlier, design size pension is equal to the social pension, which is determined in accordance with subparagraph. 1 clause 1 art. 18 of the Law on State Pensions.

The Law on Pensions for Military Personnel provides for the establishment of supplements to pensions in the event of the loss of a breadwinner. Family members who are disabled people of group I or who have reached the age of 80 are given an allowance for their care in addition to the pension they are assigned in the event of the loss of a breadwinner (including the minimum amount calculated).

To the pension in the event of the loss of a breadwinner (including calculated in the minimum amount), assigned to disabled children and disabled children of groups I and II, who have lost both parents, or to the specified children of a deceased single mother, a supplement is calculated, the amount of which is 32% of the calculated amount pensions (i.e. 32% of social pension).

Pensions in the event of the loss of a breadwinner (including those calculated in the minimum amount) are increased in the manner and on the grounds established by Art. 45 of the Law on Pension Provision, if disabled family members - recipients of a survivor's pension have the corresponding right to such an increase.

The simplest is to determine the size of the social pension in the event of the loss of a breadwinner, which is established only for children. This pension is set at a fixed amount. The size of the social pension in case of loss of a breadwinner differs according to the criteria presented in table. 5.10.

Table 5.10. Amount of social pension in case of loss of a breadwinner

An insurance pension in the event of the loss of a breadwinner is assigned to disabled family members of the deceased breadwinner who were dependent on him. An exception is for persons who have committed an intentional criminal act that resulted in the death of the breadwinner and was established in court.

Who has the right to receive an insurance pension in the event of the loss of a breadwinner?

• disabled family members of the deceased breadwinner who were dependent on him, regardless of the duration of the breadwinner's insurance period, as well as the cause and time of his death. Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood;


• children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18;


• children, brothers, sisters and grandchildren of the deceased breadwinner, studying in basic educational programs in organizations engaged in educational activities, including in foreign organizations located outside the territory of the Russian Federation (assigned in accordance with an international treaty), until they complete such training , but not longer than until they reach the age of 23 years;


• children, brothers, sisters and grandchildren of the deceased breadwinner over this age, if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;


• parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled;


• grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who are obliged to support them;


• disabled parents and spouse who were not dependent on the deceased breadwinner, regardless of the time elapsed after his death, if they lose their source of livelihood;


• one of the parents, spouse, grandfather, grandmother of the deceased breadwinner, as well as a brother, sister or child of the deceased breadwinner who has reached 18 years of age, if they are not working and are at the same time caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age and entitled to an insurance pension in the event of the loss of a breadwinner. In this case, the right to this type of insurance pension arises regardless of the fact of being dependent on the breadwinner.

Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children.

A stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and a stepson and stepdaughter - on an equal basis with their own children, subject to certain conditions.

Where to go

To apply for a survivor's pension, apply at any time after you become entitled to it, without any time restrictions. An application for an insurance pension with documents must be submitted to the territorial body of the Pension Fund of Russia at the place of registration (including temporary) or to the multifunctional center (MFC). If you live at an address that is not confirmed by registration, then contact the Pension Fund at your place of actual residence. An application with documents can be submitted in person or through a legal representative (authorized representative) directly to the territorial office of the Pension Fund of Russia, by mail or through the MFC. When submitting an application by mail, the day of application for an insurance pension is considered to be the date indicated on the postmark at the place where the application was sent, through the MFC - the date of receipt of the application by the MFC. Russians who have left Russia for permanent residence and do not have a place of residence and place of stay in Russia confirmed by registration, submit an application directly to the Pension Fund of Russia (Moscow, Shabolovka St., 4).

What documents to submit

• application for an insurance pension in the event of the loss of a breadwinner;


• passport (for citizens of the Russian Federation) or residence permit (for foreign citizens and stateless persons);


• certificate of compulsory pension insurance (SNILS);


• documents on the death of the breadwinner (death certificate);


• documents confirming family relations with the deceased breadwinner;


• documents confirming the duration of the insurance period; Documents confirming periods of work and other periods must contain the number and date of issue, last name, first name, patronymic of the citizen to whom the document is issued, the day, month and year of his birth, place of work, period of work, profession (position), grounds for their issuance ( orders, personal accounts, etc.). Documents issued by the employer upon dismissal from work may be accepted as confirmation of the insurance period even if they do not contain the basis for their issuance;


• other documents necessary to confirm additional circumstances.

If not all required documents are attached to the application, you will be given an explanation of what documents should be submitted additionally. If after this you submit the missing documents no later than three months later, the day you applied for a pension will be considered the day the application was received.

The documents, the obligation to submit which is assigned to the applicant, are listed in the Administrative Regulations for the provision by the Pension Fund of the Russian Federation of state services for accepting and registering applications from citizens for the establishment of pensions in accordance with the Federal Laws “On Labor Pensions in the Russian Federation” and “On State Pension Provision” in the Russian Federation" (approved by order of the Ministry of Health and Social Development of Russia dated December 12, 2011 No. 1521n).

Conditions of appointment

To assign an insurance pension in the event of the loss of a breadwinner, the following conditions must be met::

• the deceased breadwinner has an insurance period (at least one day);


• the death of the breadwinner is not associated with the commission by a disabled family member of an intentional criminal act that resulted in the death of the breadwinner and was established in court.

Deadlines for assigning an insurance pension in the event of loss of a breadwinner

The application for a pension is considered by the Pension Fund of Russia within 10 working days from the date of receipt of the application with all the necessary documents or from the date of submission of the last missing document within three months from the date of giving the relevant explanations by a specialist of the territorial body. An insurance pension in the event of the loss of a breadwinner is assigned from the day of application for it, but not earlier than the day the right to it arises. It is assigned earlier than the day of application if the application for the specified pension followed within 12 months from the date of death of the breadwinner. In this case, its appointment occurs from the date of death of the breadwinner. If more than 12 months have passed, then 12 months earlier than the date of application. The survivor's insurance pension is assigned for the period during which the applicant is considered disabled, including indefinitely.

Pay

The survivor's insurance pension is paid monthly. The pensioner has the right to choose, at his own discretion, the organization that will deliver the pension, as well as the method of receiving it (at home, at the cash desk of the delivery organization or to his own bank account). In addition, a trusted person can receive a pension for a pensioner. Payment of a pension by power of attorney, the validity of which exceeds one year, is made during the entire validity period of the power of attorney, provided that the pensioner annually confirms the fact of registration at the place of receipt of the pension.

Pension delivery methods:

• via Russian Post– you can receive your pension at home or yourself at the post office at your place of residence. In this case, each pensioner is given a date for receiving a pension in accordance with the delivery schedule, and the pension can be paid later than the established date within the delivery period. It is better to find out the end date of the payment period in advance, since each post office has its own. If the pension is not received within six months, then its payment is suspended and you will need to write an application to your Pension Fund to resume payment;


• through the bank– you can receive your pension at the cash desk of a bank branch or get a bank card and withdraw funds through an ATM. You can find out the pension transfer date in advance. The pension for the current month is delivered to the account on the day the funds are received from the territorial body of the Pension Fund of Russia. You can withdraw your money from your bank account any day after it is deposited. Crediting to a pensioner's account at a credit institution is carried out without charging a commission;


• through an organization that delivers pensions– you can receive your pension at home or independently in this organization. A complete list of such organizations in your region (including those delivering pensions to your home) is at the disposal of the territorial body of the Russian Pension Fund. The procedure for paying a pension through another organization engaged in the delivery of pensions is the same as through a post office.

To choose a delivery method or change it, you must notify in writing the territorial body of the Russian Pension Fund that assigned you the pension.

Amount of fixed payment to the insurance pension in case of loss of a breadwinner

As of 01/01/2019, the amount of the fixed payment to the insurance pension in the event of the loss of a breadwinner is 2667 rubles 10 kopecks (50% of 5334 rubles 19 kopecks) for each disabled member families.